CBA_USOA_28321322D00060022_Updated_082820241.pdf

COLLECTIVE BARGAINING

AGREEMENT (CBA)

between

AMERIGUARD SECURITY

SERVICES, INC.

and the

UNITED SECURITY OFFICERS

ASSOCIATION (USOA)

for

ARMED SHIFT SUPERVISORS

(LIEUTENANTS)

at

SOCIAL SECURITY ADMINISTRATION {SSA)

NATIONAL SUPPORT CENTER {NSC)

IN URBANA, MD

for the period of

2021 - 2024 Executed 08/17/2024

AmeriGuard Security Services, Inc. & United Security Officers Association (USOA) CBA for Armed Shift Supervisors at SSA-NSC Facilities in Urbana, MD

Initial Union: LD Initial Employer: LMF

AmeriGuard Security Services, Inc. & United Security Officers Association (USOA) Page i

TABLE OF CONTENTS

ARTICLE 1 - RECOGNITION

ARTICLE 2 - MANAGEMENT RIGHTS

ARTICLE 3 – MEMBERSHIP AND DUES CHECKOFF

ARTICLE 4 - SENIORITY

ARTICLE 5 - TRANSFERS, LAYOFF AND RECALL

ARTICLE 6 - GRIEVANCE PROCEDURE

ARTICLE 7 - ARBITRATION………………………………………………………………. 10

ARTICLE 8 - DISCIPLINE

ARTICLE 9 - JOB OPPORTUNITIES

ARTICLE 10 - HOURS OF WORK AND OVERTIME

ARTICLE 11 - WAGES

ARTICLE 12 - HOLIDAYS

ARTICLE 13 - VACATIONS

ARTICLE 14 - HEALTH AND WELFARE ALLOWANCE

ARTICLE 15 – RETIREMENT ALLOWANCE

ARTICLE 16 - UNIFORMS.……………

ARTICLE 17 - SICK LEAVE AND PERSONAL LEAVE WITH PAY

ARTICLE 18 - LEAVES OF ABSENCE

ARTICLE 19 - FUNERAL LEAVE AND JURY DUTY

ARTICLE 20 - RETURN OF UNIFORMS

ARTICLE 21 - TRAINING

ARTICLE 22 - STRIKES

ARTICLE 23 - DRUG TESTING

ARTICLE 24 - GOVERNMENT SUPREMACY

ARTICLE 25 - BREAKS

ARTICLE 26 - GENERAL PROVISIONS

ARTICLE 27 - DURATION

AmeriGuard Security Services, Inc. & United Security Officers Association (USOA) Page 1 of 50

COLLECTIVE BARGAINING AGREEMENT

THIS COLLECTIVE BARGAINING AGREEMENT is made and entered as of the 7th day of March 2022 by and between AMERIGUARD SECURITY SERVICES, INC.

(AMERIGUARD), with offices currently located at 5470 W. Spruce Ave, Suite 102, Fresno, CA 93722, hereinafter referred to as the “Employer” or “Company,” and the UNITED SECURITY OFFICERS ASSOCIATION (USOA), P.O. Box 11373, Baltimore MD 21239, hereinafter referred to as the “Union.”

ARTICLE 1 – RECOGNITION

Section 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of collective bargaining, with respect to all full-time and regular part-time armed Shift Supervisors (Lieutenants) and Parking & Credentialing Officers (PCOs) as defined in Section 9(b)(3) of the National Labor Relations Act, as amended, assigned by the Employer to the federal building known as the Social Security Administration (SSA) National Support Center (NSC) facilities located at 8999 Bennett Creek Boulevard, Urbana, MD 21704, pursuant to the Contract No. 28321317D00060008 or any successor contract (the “SSA Contract”) with the U.S. Social Security Administration, its sub agencies and its successor(s), (collectively, the “SSA”), for the provision of Protective Security Officer (PSO), Control Center Operator (CCO), and Parking & Credentialing services at said facilities, but excluding all professional employees, project managers, assistant project managers, captains, lieutenants, supervisors, and all other employees of the Employer.

Section 1.2 This recognition of the Union only applies to the extent the work is being performed pursuant to the SSA Contract. Furthermore, it is agreed that (a) the Employer shall have no liability as a successor Employer for events occurring before the execution of this Agreement, except as may be required by applicable law, and (b) any past practices of the Employer which occurred prior to the date hereof are of no force or effect.

Section 1.3 The term “employee” when used in this Agreement shall refer to the employees in the bargaining unit described in Section 1.1, above. The term “full-time employee” shall refer to employees who are regularly scheduled to work at least thirty-two (32) hours per regular workweek, excluding any unpaid meal or break periods. The term “part-time employee” shall refer to employees who are regularly scheduled to work less than thirty-two (32) hours per week, excluding any unpaid meal or break periods.

Section 1.4 It is expressly understood that non-bargaining unit employees may perform bargaining unit work as determined necessary by the Employer and as allowed by the SSA for a period of not more than one-hundred-twenty (120) calendar days or shifts in any government contract year, except for emergency situations or as otherwise required by the Government and/or agreed to by the parties.

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ARTICLE 2 - MANAGEMENT RIGHTS

Section 2.1 The Employer shall retain all rights, powers, and authority it had prior to entering into this Agreement, including, but not limited to, the unrestricted right to: manage its operations and to direct and assign the work force; to determine and change the methods and manner services are provided; to introduce new methods or improved methods of operations or equipment; to determine and change the size, composition and qualifications of the work force; to determine the extent to which and the manner and means its business will be operated or shut down in whole or in part; to determine whether and to what extent any work shall be performed by employees and how it shall be performed; to maintain order and efficiency in SSA facilities and operations including the right to select, hire, promote, demote, lay off, assign and train employees; to subcontract any part of its operations, including unit work; to select and determine supervisory employees; to bid or not bid, or to rebid or not rebid, contracts with the Government; to determine and change starting times, quitting times, schedules and shifts; to determine and change methods and means by which operations are to be carried on; to establish and/or abolish duties, standards of performance for employees, job classifications, operating units or departments; to establish, change and abolish its policies, work rules, regulations, practices and standards/codes of conduct and to adopt new policies, work rules, regulations, practices and standards/codes of conduct; and to assign duties to employees in accordance with the needs and requirements of the SSA and the Employer, as determined by the Employer. The exercise of the foregoing powers and rights, together with the adoption of policies, rules, and regulations in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the express and specific terms and conditions of this Agreement and the dictates of the Government.

Section 2.2 The Employer shall retain the sole right to suspend, discipline and discharge employees for just cause, but subject to the express and specific terms of this agreement.

Section 2.3 The Employer shall retain the sole right to make work schedules, change work schedules, bid out work schedules, and rebid work schedules at reasonable intervals as efficient operations may require as determined by the Employer. Any bid or rebid of work schedules will be subject to employee’s certifications and will be performed while taking into account the seniority of the workforce in accordance with Article 4 “Seniority” of this CBA.

(THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY)

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ARTICLE 3: MEMBERSHIP AND DUES CHECK-OFF

Section 3.1:

• Definition:

a. All full time and part time employees covered by this agreement on the effective date of this Agreement, or who join hereafter, shall maintain their membership or satisfy the financial obligations set by the Union during the term of this Agreement as a condition of continued employment. All full time and part time employees covered by this Agreement must, as established by the Union, pay union dues in the amount of one (1) hour of their regular hourly wage. All full time and part time employees who are not members of the Union and choose not to become members of the Unions shall, as a condition of continued employment, pay to the Union an agency fee as established by the Union. In addition to membership dues and agency fees, the Union will also charge all full time and part time employees covered by this agreement a one-time initiation fee as established by the Union.

b. All employees hired after this effective date of this Agreement shall, within ninety (90) calendar days after employment, become members or agency fee payers as a condition of continued employment for the duration of this Agreement.

c. The Company shall be obligated under this Article to terminate the employment of any employee by reason of his failure to comply with Section

(a) and (b) above upon receipt of a thirty days advance written request from the Union, provided that, upon receipt of such written request by the Company, the employee shall have fourteen (14) days to tender the amounts owed and thereby avoid termination of their employment and provided further that the Union has provided the Company with written proof that it has complied with its legal obligations concerning notification to the employee of the delinquency and notification to the employee of his or her statutory rights relating to union security, inducting subsection (d) below.

d. An employee who elects not to become a member of the Union or maintain membership in the Union during the term of this contract will pay a semi-monthly agency fee to the Union rather than pay the dues amount. Such agency fee shall reflect an amount that is proportionately commensurate with the costs to the Union of collective bargaining and contract administration and Union financial core fees, as defined by the U.S. Supreme Court in NLRB v.

General Motors, 373 U.S. 734 and Beck v. Communications Workers of America, 487 U.S. 735.

e. The Union agrees to indemnify and save the Company harmless against any and all Costs (including attorney's fees) and any and all claims, demands, suits or other forms of liability that shall arise out of any action taken by the Company under this Article.

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Section 3.2

• Dues Deductions:

The Employer agrees to deduct initiation fees and Union dues or Agency fees for proportionate share payments from the wages of Employees who voluntarily authorize the Employer to do so on a properly executed check-off authorization card provided by the Union to the Employer. Deductions shall be taken from each semi-monthly paycheck in equal amounts not to exceed the total monthly dues amount specified by the Union.

• Funds deducted:

During the term of this Agreement only, the Employer shall deduct such union membership dues or agency fees or one-time initiation fees each payday from the pay of all employees covered by this Agreement. The Employer shall tender such deductions to the Union on a monthly basis. The Employer shall also provide, on a monthly basis, the name and the amount of dues or agency or initiation fees. Following the termination of the Agreement or any agreed upon extension thereof, the Employer shall have the right to unilaterally cease the deduction of dues, agency fees or initiation fees under this Section.

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ARTICLE 4 – SENIORITY

Section 4.1 Seniority shall be the length of continuous service from the employee’s last date of hire as a Lieutenant (LT) or Parking & Credentialing Officers (PCO) in the bargaining unit (for the Employer or a predecessor federal contractor). Seniority shall not accrue until the employee has successfully completed his/her probationary period. Seniority shall be applicable in determining the order of layoff and recall, bidding on work schedules, and other situations as provided for in this Agreement.

Section 4.2 Newly hired employees shall be regarded as probationary employees for the first ninety

(90) calendar days. During their probationary period, probationary employees shall not accrue seniority under this Agreement. Throughout the term of their probationary period they will only be eligible to receive wages and fringe benefits in compliance with the applicable standard U.S. Department of Labor Wage Determination available on the USDOL or related website as of the date of the execution of this agreement for the labor classification of a Guard II. The Employer shall have the sole right to discipline, lay-off, suspend or terminate probationary employees without limitation by the provisions of this Agreement or without recourse to the grievance procedure contained herein. The Employer has the right to rehire a terminated probationary employee at its sole discretion.

Upon successful completion of the probationary period, the employee shall be placed on the seniority list and shall be given a seniority date which is retroactive to the employee’s first date of reporting for duty as a certified and fully qualified productive employee on the subject government contract as a Lieutenant and / or Parking & Credentialing staff.

Section 4.3 Seniority lists for the bargaining unit will be posted and maintained by the Employer and shall be made available to the Union at its business office upon request but no more frequently than four (4) times per contract year. An employee’s standing on the posted seniority list will be final unless protested in writing by an official Union representative (whose name will be communicated by the Union to the company at a minimum quarterly) in writing to the Project Manager not later than thirty (30) calendar days after the list has been provided. The seniority list will be posted by the Employer in the roll-call room if acceptable by the Government.

Section 4.4 Super-seniority shall be granted to the chief Union steward on the contract, as designated by the Union, for purposes of Article 5.

Section 4.5 Employees shall notify the Employer in writing of their proper post office address and telephone number or any change of name, address or telephone number. The Employer shall be entitled to rely upon the last known address shown in the Employee’s official records. Employees may be required to provide written acknowledgment of any communication from the Employer.

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Section 4.6 The seniority of a unit member who has accepted a position in management shall freeze until such time as the employee returns to the bargaining unit.

Section 4.7 An individual who has been removed from the contract and terminated from employment due to failure to maintain their range qualification may be eligible for rehire per the discretion of the Employer. If considered for rehire subject to being in full compliance with all contract eligibility, training and certification requirements and the employee is rehired within 45-days of termination, the member’s seniority will be retained with the reduction of 365-days of seniority.

Section 4.8 Incumbent employees who are undergoing training to become a Control Center Operator (CCO) will during their Government mandated hours of training receive wage rate compensation commensurate with the rate of pay as a probationary employee as referenced in Section 4.2 of this CBA. Any non-incumbent applicants for a CCO position who need to receive onsite CCO training will be paid a pre-employment training wage commensurate with the higher of the State minimum wage or the Federal minimum wage in compliance with the Federal Labor Standards Act (FLSA) during their pre-employment training time.

Section 4.9 In the event officers have the same seniority date, the last four digits of the officer's social security number will be used to determine the most senior officer. The officer who has the lowest four-digit number will be determined the most senior officer.

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ARTICLE 5 - TRANSFERS, LAYOFF AND RECALL

Section 5.1 Whenever it is necessary to layoff employees, or in the event the SSA Contract for providing security services to the SSA is terminated, not extended or not renewed, the Employer may layoff bargaining unit employees, as it deems necessary, in the following manner:

a. probationary employees shall be laid off first in the inverse order of their seniority;

b. should it be necessary to further reduce the work force, the non-probationary employees shall then be laid off in the inverse order of their seniority.

Section 5.2 Laid-off employees are not eligible for any compensation or Employer paid fringe benefits during their periods of layoff.

Section 5.3 Employees who have been laid-off as a result of being displaced in accordance with this Article will be recalled to work in the reverse order in which they were laid off or transferred. Should an employee be transferred to another position covered by this Agreement in lieu of layoff by reason of a reduction in work force, said employee shall receive the rate of pay applicable to the position to which he/she is transferred.

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ARTICLE 6 – GRIEVANCE PROCEDURE

For purposes of this Article, the word "days" is defined as weekdays (Monday through Friday) and excludes recognized holidays.

Section 6.1 – Definition A grievance is defined as a claim or dispute by the Employer or Employee or the Union concerning the interpretation of the application of this Agreement, or of any addendum hereto.

Section 6.2 – Grievance Procedure The number of days provided for in the presentation and processing of grievances in each step of the grievance procedure shall establish the maximum time allowed for the presentation and processing of a grievance. However, the time limits specified may be extended by written mutual agreement. The failure of an employee or the Union to proceed to the next step of the grievance procedure within the time limits specified shall be deemed an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the grievance. The failure of the Employer to answer a grievance within the time limits specified shall permit the grievant or the Union, whichever is applicable to a particular step, to proceed to the next step of the grievance procedure.

All grievances must be presented in writing, filed and processed in accordance with the following exclusive procedure:

• Step 1: The Employee and the Union Shop Steward shall present the grievance or dispute in writing to the Employee's Project Manager within seven (7) days of occurrence or when the Employee knew, or by reasonable diligence should have known, of its occurrence. If the Employee does not notify the Project Manger within the requisite amount of time, or fails to meet any other deadline set forth in this Article, the grievance shall be deemed to have been waived. The Project Manager shall respond to the grievance in writing within seven (7) days. If the Project Manager does not respond within seven (7) days, the grievance may proceed to Step 2.

• Step 2: If the grievance is not settled at Step 1, the Employee and their Union representative may present, within seven (7) days of the date on which the Project Manager responded or should have responded, a Step 2 grievance in writing to the Employer's Operations Manager, or designee. The Employer's Operations Manager, or designee shall respond to the grievance in writing within seven (7) days of this meeting.

• Step 3: If the grievance is not settled at Step 2, the Union shall, within seven (7) days of receipt of the Manager’s response in Step 2 or the date when the Manager's response was due, present the grievance in writing to the Employer's Corporate Human Resources Department. The Employer or their designee shall respond in

AmeriGuard Security Services, Inc. & United Security Officers Association (USOA) Page 9 of 50 writing to the grievance within seven (7) days. The Employer and the Union shall have the right to involve senior management or officials in the grievance process at an earlier stage, in their sole discretion.

• Step 4: If the grievance is not settled at Step 3, the Union or Company may, within ten (10) days after the receipt of the Employer's response in Step 3, appeal the matter to arbitration. Notice that arbitration is desired shall be served upon the Employer within ten (10) days after the Union receives the Employer's Step 3 answer or the date when the company should have responded.

Grievances affecting a class or classes of Employees may be initiated by the Union at Step 2.

No individual grievant may move a grievance to Step Four. Only the Union, by letter or form executed by an authorized Union officer, who is not the grievant, may move a grievance to Step Four. No grievance regarding a dispute as to the interpretation of a Wage Determination, the interpretation of the SSA Contract, or the Employer’s adherence to a request or requirement of the Government or the Government’s determination that an employee’s continued working under the SSA Contract is not in the best interest of the Government or the SSA Contract, shall be processed to Step Four since such matters are not arbitrable.

Section 6.3 – Discharge A grievance involving discharge of an employee shall be brought directly to Step 2 and must be filed in writing within five (5) days of discharge.

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ARTICLE 7 – ARBITRATION

Section 7.1 - Selection of an Arbitrator Within (10) days after the filing of the notice of the intent to submit the unsettled grievance to arbitration, the parties shall attempt to mutually select an impartial arbitrator. If the parties are unable to agree within five (5) days of that meeting upon the choice of an arbitrator, they shall request the Federal Mediation and Conciliation Service to submit a list of five (5) persons qualified to act as the impartial arbitrator. A representative of the Employer and a representative of the Union shall meet or confer or communicate in any other manner within five (5) days of the receipt of this list and shall alternately strike two (2) names from the list, the party to strike first to be selected by lot.

The fifth remaining person shall thereupon be selected as the impartial arbitrator.

Section 7.2 - Arbitration Proceedings During the hearing, each party shall have full opportunity to present evidence and argument, both oral and documentary. The impartial arbitrator will render the finding and award in writing within thirty (30) calendar days after the conclusion of the hearing. The decision of the impartial arbitrator shall be final and binding. The impartial arbitrator shall have no authority to: (1) modify, alter, amend, revise, add to, or subtract from any of the terms or conditions of this Agreement; (2) establish or modify any wage rate; (3) interpret or apply the Service Contract Act and implications of Wage Determinations as well as any other legal obligation referred to in this Agreement; or (4) consider any matter or substitute his/her judgment for that of the Government’s regarding a determination or request of the SSA, the contracting officer or other official of the Government.

Decisions of the arbitrator, subject to the limitations set forth in this Agreement, shall be final and binding on the Union, its members, the employee or employees involved and on the Employer. Any award of back compensation to an individual grieving a discharge, discipline or any other matter shall not predate the date of the grievance by more than five (5) days, and shall be offset by all earned income received during the applicable period (including all disability, unemployment and other pay received), as well as being fully adjusted by any failure on the individual’s part to attempt to mitigate his/her damages. The Arbitrator may not institute any award of front pay and/or emotional distress, pain and/or suffering.

Neither party may assert a contractual claim or basis in support of its position which was not presented during an earlier step of the Grievance Procedure or reasonably implied from the grievance.

Section 7.3 - Fees The fees of the arbitrator and necessary expenses, including transcript, if desirable, of any arbitration proceeding shall be shared equally by the Employer and the Union except that each party shall pay the fees of its own counsel or representative. If the Employer calls an Employee witness, the Employer will reimburse that Employee for

AmeriGuard Security Services, Inc. & United Security Officers Association (USOA) Page 11 of 50 time lost at the regular straight time base rate. If an Employee witness is called by the Union or if an Employee-grievant is present at the hearing, the Union will reimburse such personnel for time lost at the regular straight time base rate.

Section 7.4 - Individual Grievances No individual employee may move a grievance to arbitration; only the Union may do so.

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ARTICLE 8 - DISCIPLINE

Section 8.1 No employee, after completion of his or her probationary period, shall be disciplined without just cause. It is agreed by the parties that in instances when an employee is removed from working under the SSA Contract by the SSA, the employee’s authority to work on the contract is otherwise removed, suspended, denied or terminated by the SSA, or the Employee no longer satisfies the SSA’ qualifications for his or her position, the Employer will notify the Union in writing of such circumstance and provide supporting documentation in the Employer’s possession, if any, and the Employee may be terminated without recourse to the procedures under this Agreement and the employee/Union waives any claims that such removal violates any federal, state or local laws, rules and/or regulations. In such case, upon request of the Union, a copy of any written supporting documentation from the Government shall be provided to the Union, if available to the Employer. Should a non-probationary employee wish to contest a dismissal solely made by the Employer (i.e., not due to an action or request of the SSA or as otherwise provided herein), a written notice thereof shall be given to the Employer within five (5) days of the dismissal (excluding Saturdays and Sundays and holidays observed under this Agreement) in which event the issue shall thereafter be submitted to, and determined under the Grievance Procedure commencing with Step Two, as provided in this Agreement.

Section 8.2 Subject to the foregoing, discipline shall be applied in the following manner:

a) Minor Offense - (Reading, eating or drinking on post, violation of grooming standards, allowing personal visitors or relatives on SSA property while on duty, visiting or being on SSA property while off duty unless utilizing the services of a Government agency located in a SSA building, engaging in unauthorized outside employment, breach of the chain of command, except to the extent necessary to comply with the orders or accommodating the needs of the SSA and/or its tenants or otherwise in accordance with the policies of the Employer, failure to complete required paperwork, or similar infractions, including incorrect completion of SSA 4072 [if said incorrect SSA 4072 completion causes a monetary penalty to the Employer, the Employer may require the employee to reimburse the Employer for said penalty via a payroll deduction which will have to be separately authorized by the employee]).

(i) With respect to a first offense, the employee will be given a written warning within ten (10) calendar days after the date of the offense or within ten (10) calendar days of the date the Employer first became aware of an offense that was committed less than 30-days ago unless the employee is unavailable.

(ii) With respect to a second offense, the employee may be suspended without

AmeriGuard Security Services, Inc. & United Security Officers Association (USOA) Page 13 of 50 pay for a period of up to three (3) days off the schedule at the sole discretion of the Employer.

(iii) With respect to a third offense, the employee may be suspended without pay for a period of up to five (5) days off the schedule at the sole discretion of the Employer.

(iv) With respect to a fourth offense, the employee may be terminated, at the sole discretion of the Employer.

(v) If, at the time of a minor offense, the employee has any prior or concurrent disciplinary action or counseling for any other reason within the past 12-months, the discipline for the minor offense shall escalate to the next level for the offense.

b) Unexcused Lateness - (Failure to timely report to an assigned duty post (including gear-up duties) at the start of a shift or return from any break or lunch). The employee may be sent home without pay if more than fifteen (15) minutes late.

Subject to the foregoing, if an employee notifies his/her supervisor and provides the supervisor with an estimated time of arrival and the supervisor accepts the new arrival time and the employee has not arrived 15 minutes after said estimated arrival time, the employee may still be sent home without pay. Lateness will not be excused and shall subject the employee to discipline in accordance with this Agreement. A verifiable documented emergency (such as road closures listed in state Transportation agency websites) will be considered an excused lateness that is not subject to discipline as long as the employee has notified the supervisor in advance and provided the subject documentation.

(i) With respect to a first offense, the employee may be given a written warning calendar days of the date the Employer first became aware of an offense

(v) If, at the time of an unexcused lateness, the employee has any prior or concurrent disciplinary action or counseling for any other reason within the

AmeriGuard Security Services, Inc. & United Security Officers Association (USOA) Page 14 of 50 past 12-months, the discipline for the unexcused lateness shall escalate to the next level for the offense.

c) Unexcused Absence - (Failure to Call Off With Less Than Six (6) Hours Notice

Except for Sickness) calendar days of the date the Employer first became aware of an offense

(v) If, at the time of an unexcused absence, the employee has any prior or concurrent disciplinary action or counseling for any other reason within the past 12-months, the discipline for the unexcused absence shall escalate to the next level for the offense.

d) Unexcused Absence from Training & Qualifications & Testing:

calendar days of the date the Employer first became aware of an offense

(iii) With respect to a third offense, the employee may be terminated, at the sole

(iv) If, at the time of the unexcused absence for training, qualifications or testing, the employee has any prior or concurrent disciplinary action or counseling for any reason within the past 12-months, the discipline for the unexcused absence for training, qualifications or testing shall escalate to

AmeriGuard Security Services, Inc. & United Security Officers Association (USOA) Page 15 of 50 the next level for the offense.

(v) With respect to attendance to training, qualifications or testing, AmeriGuard must provide a minimum of two weeks notice to all attendees of training, qualifications or testing; specifically for: medical examination, 40-hr SMART book refresher, annual OC Spray refresher, annual MEB/MDTS refresher, semi-annual ICE A-9 qualifications (only the first attempt requires a 2-week notice); and CPR/AED/First Aid refresher. If AmeriGuard fails to provide said two weeks notice and the employee is unable to attend said training, qualification or testing, he/she has the right to request to be placed in the next available training, qualification or testing without being subject to disciplinary action under this clause unless such request is made within 48-hours of having received such notice. If the employee’s certifications expire during such requested delay, the employee will be subject to lay-off per the applicable articles in this agreement. It is the employee’s responsibility to ensure all permits and certifications are current. If the 2-weeks notice was not provided in time for a medical exam, the employee may be provided one-week to attend the medical exam and if this 1-week delay results in the employee being removed from the work schedule, the employee will be eligible for pay for their scheduled work hours during said 1-week period. If AmeriGuard is penalized by SSA for an employee not showing up at scheduled government training (ICE A-9, FPS Orientation, FPS NWDTP), such penalty will be deducted from the employee’s next paycheck following the date of the Government’s deduction from AmeriGuard. Employees who are not allowed to work as a security guard or be armed up per the regulations of the State of Maryland (i.e. Annotated Code of Maryland, par 10-226 sub b) by not being up-to-date on their Maryland state licenses and permits (such as Clearance Card / Guard Card or Handgun / Weapons Permit) will be considered to have voluntary quit.

e) Immediate Discharge - Subject to the foregoing, any other proven offense, including without limitation, the following offenses listed below, may subject an employee to immediate discharge. With respect to these offenses, the employee will be given a write-up accordingly within ten (10) calendar days after the date of the offense or within ten (10) calendar days of the date the Employer first became aware of an offense that was committed less than 30-days ago. If the violation was not disciplined within the timeline listed above, the discipline will be considered waived but the violation will remain on the permanent record.

A. Violation of Rules and Regulations of Government Public Building and

Grounds, 41 CFR 101-20.3. This includes taking photo or recording either with camera or any other electronic device, on customer site.

B. Neglect of Duty, including sleeping while on duty, insubordination, including failure to carry out assigned tasks, conducting personal affairs during official time. The term “personal affairs” as used in this paragraph does not include the making of telephone calls or other inquiries concerning the status of

AmeriGuard Security Services, Inc. & United Security Officers Association (USOA) Page 16 of 50 children or family members or the provisions of their care provided that such activities have been approved by the employee’s supervisor. Long distance telephone calls shall not be made at government expense.

C. Use or display of personal electronic devices not used in the normal course of

Company business. These devices include, but are not limited to, cellular telephones, personal computers, games, video recorder/player, audio recorder or player and other electronic communication devices. Smartwatches are allowed only for viewing time – if a employee is found to use their Smartwatch otherwise, the employee will be subject to discipline under this clause and will be required to not have their Smartwatch on their person going forward.

Cellphones must be left in the roll call room, in your assigned locker or in your vehicle while on duty. You may retrieve your cellphone when on break but it can only be out in the open in the roll call / break room while on break. Using or displaying personal radio(s), television(s), DVD player(s), computer(s), tablet(s), cellular phone(s), or any other electronic equipment while on duty may result in the following disciplinary process:

a. With respect to a first offense, the employee will be given a write-up within seven (7) days after the date of the offense or after the date that the Company became aware of the offense and the employee may be suspended for up to three days; and

b. With respect to a second offense, the employee may be terminated, at the sole discretion of the Company.

D. Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, and/or concealment of material facts by willful omissions from official documents or records.

E. Fighting on Government property or while on duty. Participating in disruptive or disorderly conduct which interferes with the normal and efficient operations of the Government or Company.

F. Theft, vandalism or criminal acts.

G. Drinking or drunkenness on the job; use or possession on the job or being impaired by unlawful drugs/stimulants or alcoholic beverages while on the job, or violation of the Alcohol and Drug Abuse Policy.

H. Improper use of official authority or credentials.

I. Unauthorized use of communications equipment or Government property.

J. Possession of a firearm or any other weapons not allowed by Government Regulations on the job.

K. Violation of Government security procedures or regulations, including without limitation, those set forth in the FPS SMART book.

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L. Violation of state or federal laws regarding the possession or use of a firearm or any other weapon.

M. Post abandonment / leaving post prior to being properly relieved.

N. Failure to cooperate with Government officials, local law enforcement authorities, or the Company during an official investigation. . During company investigations, employees have the right to have a Union representative present.

O. Intentional falsification of time records including 4072s.

P. Deliberate or negligent conduct causing monetary damages, penalties or invoice deductions to the Company by the Government.

Q. Sexual, racial or other harassment in violation of company policy.

R. Proven abuse of authority.

S. Inattentive to duties.

T. Breach of security.

U. Conduct which impugns or disparages the SSA or its agents, or the Employer or its agents, to the Government or to other third parties, except when such conduct is privileged under the specific law. This does not include allegedly disparaging remarks to the company or the Union about conduct of any Government agent.

V. Inappropriate conduct directed at or involving Government employees, members of the public or contractor employees while at the Site at or near the federal facilities, or while in uniform.

W. Unless otherwise stated in this Agreement, a serious or repeated violation of the code / standards of conduct of the Employer and/or SMART book.

X. Immoral conduct which for purposes of this agreement is defined as conduct which is willful, flagrant, or shameless, and which shows a moral indifference to the opinions of the good and respectable members of the community (examples of such behavior may include: sexual deviant behavior, indecent exposure, obscenity, stalking, abuse of a minor, gang activity, invading someone’s privacy, gossiping, horseplay, etc.).

Y. Dishonesty, misappropriation of funds, theft, assault, intoxication or drinking on duty, or illegal use or possession of drugs and narcotics.

Z. Removal of government property from its intended location without prior authorization.

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AA. Fighting on post or SSA premises or issuing threats of violence while on duty.

BB. Breach of SSA, DHS, or GSA building rules, regulations, post orders or memoranda.

CC. Sleeping while on duty.

DD. Willful destruction of property or destruction of property resulting from willful negligence.

EE. Criminal misconduct.

FF. Improper discussion of work related issues with the Government; including, but not limited to, any issue that could be the subject of a grievance under this Agreement unless part of a Government investigation.

GG. The employee is insubordinate (defined as failing to follow the direct written or verbal order of a supervisor or manager) in connection with employment.

HH. Unless otherwise stated in this Agreement, a serious or repeated violation of any other requirements or policies of the Employer or the Government.

II. Improper use of a firearm, failure to maintain weapons safety or weapon readiness or possession of a firearm not issued or authorized by the Employer.

JJ. Any conduct which causes the Government to issue a monetary penalty or deduction against the Employer.

KK. Engaging in sexual harassment, any unlawful conduct or any other conduct prohibited by the Employer.

LL. Unauthorized entry into any unauthorized location in any Government building.

MM. Any unauthorized discharge of a firearm.

NN. Disassembly of a weapon including the removal of a magazine or failure to properly load and maintain a loaded weapon or failure to properly unload a weapon.

OO. The employee quits or retires.

PP. The employee is absent from work for a period of 72 hours (including overstays a leave of absence or a vacation) without advising the Employer, without a valid reason regardless of the reason for such absence.

QQ. The employee fails, within seven (7) calendar days after receipt of the Employee’s notice of recall, to report to work as required by the notice.

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RR. The employee gives a false reason for obtaining a leave of absence, or engages in other employment during such leave.

SS. A settlement with an employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Employer.

TT. The employee is laid off for a continuous period of one (1) year or the length of his/her seniority at the time of layoff, whichever is less.

UU. The employee has falsified or misrepresented information on his/her application for employment or any other documentation including without limitation medical information provided to the Employer or the Government.

VV. The employee is convicted of a criminal offense.

WW. The employee fails to establish that he or she satisfies the medical standard or requirements of the Employer and/or the SSA to continue to work under the contract as a security guard. If an employee fails the medical standards of this contract and they are subject to FMLA, they will retain their job security in compliance with the provisions listed under FMLA.

XX. The employee’s credentials or qualifications to work under the SSA Contract are revoked, suspended or terminated by the Government, or the Government requests or requires the removal of the employee from working under the SSA Contract or the Government determines that it is not in the best interests of the Government or the SSA Contract for the employee to continue working under the SSA Contract.

YY. No call/No show absence. This occurs when an employee fails to arrive for duty and fails to call and notify the Supervisor that they will not be coming in for duty by the midpoint of their scheduled shift.

ZZ. Communication with Employer’s client or tenant agency representatives of any company or personal matters that are not material to the performance of the employee’s job duties or working conditions.

Section 8.3 All discipline under this Article (excluding terminable offenses under sub 8.2.e) will only remain active for disciplinary purposes for a period of 12 months. An offense (subject to 8.2.a through 8.2.d) that occurred 12 months ago will therefore be excluded from consideration of the disciplinary step of any subsequent offenses. Terminable offenses that did not result in a termination will remain active throughout the employee’s employment with the Employer. Regardless of the foregoing, all records of any offenses and/or violations and/or matter of record notices will remain in the employee’s personnel file throughout the period of employment of the employee with the Employer.

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Section 8.4 All discipline under this Article (including termination) shall be delivered within ten (10) calendar days after the incident giving rise to discipline or within ten (10) calendar days of the date the Employer first became aware of an offense that was committed less than 30-days ago. Upon notification to an authorized Union representative that the employee and/or their Union representative will not be able to attend the meeting, the Employer shall have an additional 48-hours to deliver the discipline otherwise the Employer is authorized to provide said discipline through a Union Shop Steward. If an employee fails to meet with the Employer within 48-hours after request by the Employer to the employee or a steward or other Union representative or to provide a written statement to the Employer within 48-hours after request by the Employer to the employee or a steward or other Union representative, then the Employer may complete its investigation without a statement from the employee or otherwise discussing the incident with the employee and the Employer may disregard late statements. Any offenses involving matters such as harassment, physical or bullying misconduct, or a security violation are not subject to the time constraints referenced in this Section.

Section 8.5 Any meeting between an employee and the Employer during which discipline in the form of a suspension or discharge is expected to be imposed or likely to occur if judged by objective circumstances must, at the request of the affected employee, be conducted in the presence of an authorized Union representative. Stewards or other Union representatives will NOT be paid by the Employer for time spent in connection with the meeting or at any other time while conducting Union business or the administration or monitoring of this Agreement.

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ARTICLE 9 - JOB OPPORTUNITIES

Section 9.1 If the Employer determines that it desires to fill a vacancy (not a post or shift assignment) under the SSA Contract, the Employer will consider all applications for the open position. The vacant job (not a post or shift assignment) will be posted for seven

(7) days. The posting will include the job title and job description. The Employer may fill the vacant job (not a post or shift assignment) as it deems to be in the best interest of its operations, the seniority of the applicant(s) and the needs and approval of the Government. Subject to the foregoing, the vacant job (not a post or shift assignment) shall be given to the applicant with the greatest seniority. If filling the vacancy creates a second vacancy or more vacancies, the Employer may fill such second and all subsequent vacancies as the Employer deems appropriate, giving due consideration to seniority.

Section 9.2 In the interest of maintaining continuing operations, the Employer may temporarily assign an employee to a vacant or new position for no more than 30-days until the job is filled according to this Article.

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ARTICLE 10 - HOURS OF WORK AND OVERTIME

Section 10.1 Shifts shall be scheduled in the discretion of the Employer to fulfill the needs of the SSA. Nothing contained herein shall guarantee to any employee: (i) any number of hours of work per day or week, (ii) any particular shift, or (iii) any particular post assignment. In regards to scheduling employees on certain shifts, Section 10.2 An overtime rate of one and one-half (1½) times an employee’s base pay (exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours actually worked in excess of forty (40) hours in a workweek.

Section 10.3 Overtime or premium pay shall not be pyramided, compounded or paid twice for the same hours worked.

Section 10.4 If the Employer has less than 24 hours advance notice that overtime will be required or that the employee will be required to work beyond the hours scheduled on a particular day, the employee shall be required to work such overtime or beyond scheduled hours unless the employee is excused for good cause. If an employee is not relieved at the end of his/her shift, the employee may be required to remain on post until relieved, not to exceed 12 hours in any 24 hour period except for official emergencies and inclement weather. The Employer shall use reasonable efforts to allow employees with child care obligations to be relieved as soon as possible and shall allow such employees an opportunity (not to exceed twenty (20) unpaid minutes) to make necessary arrangements for the care of dependent children or other dependent family members.

Failure to accept assignments or remain on post when not reasonably excused by a supervisor shall be grounds for discipline up to and including immediate termination.

Section 10.5 If the Employer has advance notice of 24 hours or more that overtime will be required, or that the employee will be required to work beyond the hours scheduled on a particular day, whenever possible, such overtime will be offered to each employee based upon seniority, provided that the Employer is not required to offer overtime to any employee that: (i) is then scheduled to work forty (40) hours or more during the work week, or (ii) the additional overtime hours, when added to the hours then scheduled to work for such employee, will exceed forty (40) hours in the work week. In order to accomplish the foregoing, on a monthly basis, the Employer shall post a signup sheet for employees desiring to work overtime during the month. If the Employer determines that an insufficient number of employees sign up to work overtime, then overtime shall be mandatory for those employees that do not sign-up and shall start at the bottom of the seniority list.

Section 10.6 Each employee may be required to clock in on the time clock when reporting for duty, to

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